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ELZIE v. ASPIN

Civ. A. No. 93-1853.

897 F.Supp. 1 (1995)

Justin C. ELZIE, Plaintiff, v. Les ASPIN, et al., Defendants.

United States District Court, District of Columbia.

August 14, 1995.

Attorney(s) appearing for the Case

David B. Isbell, Lanny A. Breuer, Allan Baron Moore, Christopher N. Sipes, Covington & Burling, Washington, DC, for plaintiff.

Vincent Morgan Garvey, U.S. Department of Justice, Civil Division, Washington, DC, Michael J. Haungs, U.S. Department of Justice, Federal Programs Branch, Washington, DC, for defendants.

MEMORANDUM OPINION

SPORKIN, District Judge.

This matter comes before the Court on cross-motions for summary judgment. Plaintiff, a sergeant in the United States Marine Corps, filed an action for declaratory and injunctive relief against officers of the United States government for unlawfully discharging him from active duty in the Marine Corps and for unlawfully barring him from a retirement benefits program on the basis of his public acknowledgment that...

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